Kanye West loses lawsuit over uncleared sample played at stadium fan event

Kanye West has lost a lawsuit which alleged he infringed on other artists’ copyright by playing an uncleared sample of their work during a live event.

In July 2021 the artist, now legally known as Ye, played his then-unreleased album Donda to 40,000 fans at a listening party held at Atlanta’s Mercedes-Benz Stadium. The version of the song Hurricane featured a sample of MSD PT2, an instrumental composed by four musicians: Khalil Abdul-Rahman, Sam Barsh, Josh Mease and Dan Seeff. They had made the instrumental in 2018, and it made its way to Ye via another producer.

Ye removed the sample from the finished version of Hurricane when it was released to the public, instead interpolating elements of it. The four men were added to the songwriting credits, acknowledging the interpolation. But the plaintiffs argued that they were owed compensation for the sample being used in the earlier version broadcast at the listening party, because the event made money for Ye via ticket sales, merchandising and more. “There was no deal, no agreement, no licence, and no clearance,” their lawyer Irene Lee argued in a Los Angeles court.

A jury sided with the plaintiffs, who will receive a six-figure sum. Lawyers for Ye argued to Billboard that the sum would be smaller than the plaintiffs hoped for, claiming that Ye was not liable to pay the four separate sums named in the compensation award.

Ye had appeared in person during the hearing. “I pride myself on giving people what they deserve,” he told the court, adding: “I feel like a lot of people try to take advantage of me. As I sit in this courtroom today, I just think people are trying to make more than they otherwise would because it’s me.”

The four plaintiffs had attempted to win a greater financial sum, claiming that they were also owed lost revenue from the finished recording of Hurricane, but a judge dismissed that element of their claim earlier in the year.

A representative for Ye acknowledged the outcome of the trial but described it as a “failed shakedown”.

This is the second lawsuit that Ye has lost this year, after he was ordered to pay $140,000 to a handyman who alleged he wasn’t paid for renovations he carried out at a Malibu mansion owned by Ye.

Ye has also caused widespread outrage in recent years for a series of antisemitic remarks, songs and clothing designs, though in March he was nevertheless booked to perform a three-night run at London’s Wireless festival, scheduled for July. Jewish groups, and politicians including Keir Starmer and London mayor Sadiq Khan, opposed the booking, and corporate sponsors pulled out of the festival. The Home Office then banned Ye from entering the UK, and the festival was cancelled.